Bill Text: NY A04246 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires certain safety standards for emergency shelter for victims and alleged victims of domestic violence during a declaration of a state disaster emergency for a disease outbreak; requires accommodations in a hotel or motel where a residential facility does not meet safety standards; requires full cost to be assumed by the state.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-11-18 - enacting clause stricken [A04246 Detail]

Download: New_York-2021-A04246-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4246

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2021
                                       ___________

        Introduced by M. of A. HEVESI -- read once and referred to the Committee
          on Social Services

        AN ACT to amend the social services law, in relation to the provision of
          emergency shelter for victims and alleged victims of domestic violence
          during a declaration of a state disaster emergency

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 131-u of the social services  law,
     2  as  amended by section 3 of part J of chapter 56 of the laws of 2019, is
     3  amended to read as follows:
     4    2. Notwithstanding any other law or regulation to the contrary, during
     5  the pendency of a declaration of a state disaster emergency  as  defined
     6  by section twenty of the executive law that involves a disease outbreak,
     7  local  social  services districts shall be required to provide emergency
     8  shelter and services to victims and alleged victims of domestic violence
     9  as defined in article six-A of this chapter.    Such  shelter  shall  be
    10  provided  in  a  residential  program  for  victims of domestic violence
    11  unless the residential program cannot ensure that each alleged victim or
    12  victim and their minor children, if applicable, will  be  provided  with
    13  separate  and private sleeping and restroom accommodations that meet any
    14  safety standards recommended by the  department  of  health  during  the
    15  state  disaster  emergency.  In the event the residential program cannot
    16  meet such standards, the local social services  district  shall  provide
    17  the accommodations in a hotel or motel. In addition to providing shelter
    18  and  residential  services,  the local social services district shall be
    19  responsible for providing access to testing for any individuals  receiv-
    20  ing services.
    21    3. The department shall annually establish, subject to the approval of
    22  the director of the budget, a daily rate of reimbursement for each resi-
    23  dential  program for victims of domestic violence, as defined in article
    24  six-A of this chapter, certified by the department which provides  emer-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01600-01-1
        A. 4246                             2

     1  gency  shelter and services to persons eligible for such emergency shel-
     2  ter and services pursuant to this section. A  social  services  district
     3  financially  responsible  for  a victim of domestic violence shall reim-
     4  burse  a  residential  program  for victims of domestic violence for the
     5  costs of emergency shelter and services provided to such victim  at  the
     6  daily  reimbursement  rate  established by the department reduced by any
     7  other reimbursement available for such costs. Provided however, if emer-
     8  gency shelter and services are provided in accordance  with  subdivision
     9  two of this section, the state shall assume the full cost of the shelter
    10  and services during the pendency of the state disaster emergency.
    11    §  2.  Subdivision  1  of section 459-a of the social services law, as
    12  amended by chapter 153 of the laws  of  2019,  is  amended  to  read  as
    13  follows:
    14    1.  "Victim  of  domestic  violence"  means any person over the age of
    15  sixteen, any married person or any parent  accompanied  by  his  or  her
    16  minor  child  or  children  in  situations  in which such person or such
    17  person's child is a victim or an alleged victim of an  act  which  would
    18  constitute  a  violation of the penal law, including, but not limited to
    19  acts constituting disorderly conduct, harassment, aggravated harassment,
    20  sexual misconduct, forcible touching, sexual abuse,  stalking,  criminal
    21  mischief,   menacing,   reckless   endangerment,   kidnapping,  assault,
    22  attempted assault, attempted murder, criminal obstruction  of  breathing
    23  or  blood  circulation,  strangulation, identity theft, grand larceny or
    24  coercion; and
    25    (i) such act or acts have resulted in  actual  physical  or  emotional
    26  injury  or have created a substantial risk of physical or emotional harm
    27  to such person or such person's child; and
    28    (ii) such act or acts are or are alleged to have been committed  by  a
    29  family or household member.
    30    A person is an alleged victim if they have reported an act which would
    31  constitute a violation of the penal law and it reasonably appears to the
    32  residential program or local social services district that the person is
    33  a victim of domestic violence.
    34    § 3. This act shall take effect immediately.